All India Muslim Personal Law Board (AIMPLB) has welcomed the Supreme Court judgement in regard to the SC’s verdict on triple talaq being un-constitutional. Earlier in the day, the Supreme Court by a majority verdict set aside the practice of divorce through triple talaq among Muslims, saying the practice was void, illegal and unconstitutional.
The press release issued by AIMPLB states, “Since the judgement accords with protection to Muslim Personal law and says that personal laws cannot be tested by courts on the grounds of violation of fundamental rights. The majority (comprising CJI Khehar and Justice Abdul Nazeer with Justice Kurian Joseph in agreement) has accorded personal laws the status of a fundamental right being protected under the right to practice religion contained in Article 25, the statement reads.”
AIMPLB hailed the verdict as a huge victory for them as the judgement vindicates their stand and ensures the fundamental right of citizens of this country to freely profess and practice their religious faith or belief.
Muslim personal law board also emphasized that they have already submitted affidavit before the SC bench that the practice of three pronouncement of talaq in one sitting is not the best way of pronouncing talaq.
They have taken steps to discourage this practice through community reform programs and model Nikah-nama issued by the Board. They have suggested Mualvis/Qazis to incorporate conditions in Nikahnama to provide the option of exclusion of triple talaq in one sitting in agreement with both the marrying parties.
Board also asked Central Government not to interfere in personal laws through legislation as the majority comprising Justice Nariman, Justice Lalit and Justice Kurian held the practice of triple talaq in one sitting to be illegal and have struck it down. And the minority view expressed by CJI Khehar and Justice Abdul Nazeer with reference to enact a law in Parliament to address the instant triple talaq stands inconsequential and should not be used as a tool to interfere in personal laws.
Board further said that they accept the verdict and are going to examine the issues arising from its implementation and try to resolve the same.
Zafaryab Jilani, member executive committee, AIMPLB said, “The working committee meeting in Bhopal on September 10 will take a decision on the future course of action on today’s Supreme Court verdict after studying it in detail.”